Glossary

Small Claims Court words, in plain language

Court papers use words most of us never need. Here is what each one means, in everyday English. To see where these words fit, read the Small Claims Court guide.

A

Adjournment: Moving a court date to a later day. You usually need a good reason, and the other side's agreement or the court's permission [VERIFY].
Affidavit of Service: A sworn or affirmed statement that proves a document was served: who got it, what it was, and when, where and how it was delivered. In Small Claims Court it is Form 8A.
Amend: To change a document you already filed, such as a claim or defence, to fix or add something. In Small Claims Court, it must be done at least 30 days before the original trial date (Rule 12).
Appeal: Asking a higher court to review a decision because you believe it was wrong. Appeals have their own rules and deadlines [VERIFY].
Assessment hearing: A short hearing where a plaintiff shows a judge evidence of how much they lost, after the defendant was noted in default. It is used when the claim is not for a fixed amount (Rule 11.03).

C

Certificate of Judgment: A court document (Form 20A) that confirms a judgment. It can be used to enforce the judgment in a different court location [VERIFY].
Claim: A request to the court for money or another remedy, saying why someone else owes it to you. The word also means the court document that starts a case.
Clerk: A court staff member who accepts and reviews documents, issues claims, and handles some steps such as noting a defendant in default. Clerks cannot give legal advice.
Commissioner for taking affidavits: A person allowed to watch you swear or affirm that an affidavit is true and then sign it. Lawyers and paralegals can usually do this, and some court staff may too [VERIFY].
Consent: Agreement from the other side, usually in writing. Some steps can happen with the other side's consent instead of a court order.
Costs: Money the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them [VERIFY].
Court file number: The number the court gives a case when the claim is issued. You put it on every document you file afterward, so the court can match it to your case.
Court office: The office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.
Creditor: A person or business that is owed money. After a judgment, the winner who is owed money is often called the creditor.

D

Damages: Money a court orders one side to pay to make up for a loss. In your claim, it is the total you are asking for, broken down item by item.
Debt or fixed amount: A claim for an exact sum that is easy to work out, such as an unpaid loan or invoice. If the defendant is noted in default, the clerk can sign default judgment for this kind of claim (Rule 11.02).
Debtor: A person or business that owes money. After a judgment, the side that must pay is often called the debtor.
Default judgment: A judgment made because the defendant did not file a Defence in time, without a trial. For a debt or fixed amount, it is requested on Form 11B (Rule 11.02).
Defence: The defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.
Defendant: The person or business being sued. The defendant responds to the claim by filing a Defence.
Defendant's Claim: A claim a defendant makes in the same case, against the plaintiff or someone else (Form 10A). It must be filed within 20 days after the Defence is filed (Rule 10.01).
Demand letter: A letter that tells someone what they owe you, why, and by when you want it paid, before you go to court. It often settles the dispute and shows you tried.
Deputy judge: A judge who hears Small Claims Court cases, often a lawyer appointed to do this work [VERIFY]. Deputy judges run trials and other hearings.
Discovered (a claim): The day you knew, or should have known, that you had a loss caused by someone else and that a court case was a fitting way to fix it [VERIFY: exact legal test]. Your 2-year limitation period generally starts on this day.

E

Evidence: Anything used to prove a fact in court, such as documents, photos, messages and what witnesses say. The judge decides the case based on the evidence.
Examination hearing: A hearing after a judgment where the debtor answers questions under oath about their income, property and debts. It helps the creditor decide how to collect. It is started with Form 20H.
Exhibit: A document, photo or other item shown to the court as evidence. Exhibits are usually numbered so everyone can find them.

F

Fee waiver: Permission not to pay certain court fees because paying them would be a hardship. Who qualifies and how to apply is set by the court [VERIFY].
File (a document): To give a document to the court office so it becomes part of the official court record. Filing is different from serving, which means giving it to the other side.

G

Garnishee: A person or business that owes money to the debtor, such as an employer or a bank. A Notice of Garnishment tells the garnishee to pay part of that money to the court instead.
Garnishment: A way to collect a judgment by having money owed to the debtor, such as wages or bank funds, paid to the court instead. It uses a Notice of Garnishment (Form 20E).

I

Issued: When the court officially accepts a claim, gives it a court file number and marks it with the court seal [VERIFY]. The 6-month time to serve the claim starts on the day it is issued (Rule 8.01(2)).

J

Judgment: The court's final decision in a case, saying who wins and what must be paid or done. A judgment can come after a trial, by default, or by agreement.

L

Legal name: The official name of a person or business. For a person, it is the name on government ID. For a business, it may be different from the name on its sign or website.
Limitation period: The time limit to start a court case. In Ontario it is generally 2 years from when you discovered your claim, under the Limitations Act, 2002. If you miss it, you may lose the right to sue.
Litigation guardian: An adult who acts for a child or for a person who cannot manage their own case in court. They make decisions in the case for that person [VERIFY: rules for appointing one].

M

Monetary limit: The most money you can ask for in a court. In Ontario Small Claims Court it is $50,000, not counting interest and costs, since October 1, 2025.
Motion: A request asking the court to make a decision on a specific issue during a case, such as more time or setting aside a default. It uses Form 15A and must be served at least 7 days before the hearing (Rule 15.01).

N

New trial: A second trial of the same case, ordered by the court in some situations. A motion for a new trial must be brought within 30 days after the final order (Rule 17.04).
Noted in default: When the court records that a defendant did not file a Defence in time. After that, the defendant cannot file a Defence without the court's permission or the plaintiff's consent (Rule 11.05).

O

Offer to settle: A written offer to end the case on certain terms, made on Form 14A. An offer served at least 7 days before trial can affect the costs the court orders (Rule 14).
Order: A decision by a judge or the court that tells someone to do, or not do, something. A judgment is one kind of order.

P

Paralegal: A person licensed in Ontario to give some legal services, including help with Small Claims Court cases [VERIFY: scope of paralegal licence]. Paralegals charge fees for their work.
Payment terms: A plan to pay money owed over time, such as a set amount each month. A defendant can propose payment terms in a Defence, and the plaintiff can dispute them within 20 days (Rule 9.03).
Plaintiff: The person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay.
Plaintiff's Claim: The court form that starts a Small Claims case (Form 7A). It names the parties, says how much is claimed and why, and comes with a Schedule A.
Postjudgment interest: Interest on the money owed under a judgment, from the date of the judgment until it is paid. The rate is set under Ontario law [VERIFY: current rate].
Prejudgment interest: Interest on money owed from the date it was owed up to the date of judgment. The rate may come from a contract or be set under Ontario law [VERIFY: how the rate is set].

R

Request to Clerk: A form (Form 9B) used to ask the clerk to take a step, such as noting a defendant in default or recording that a plaintiff disputes payment terms.

S

Schedule A: The pages attached to a claim or Defence that tell your side of the story in numbered paragraphs. It sets out the facts, the amounts and what you want the court to order.
Self-represented: Handling your own court case without a lawyer or paralegal. Many people in Small Claims Court are self-represented.
Serve (service): To formally deliver a court document to another party in a way the rules allow. Service lets the court know the other side received the document.
Set aside: To cancel or undo a court step, such as a noting in default or a default judgment. A defendant asks for this with a motion on Form 15A (Rule 11.06).
Settlement: An agreement between the parties that ends the dispute, usually with one side paying or doing something. A settlement means no trial is needed.
Settlement conference: A meeting with a judge or court official to try to settle the case and prepare it for trial. It is held within 90 days after the first Defence is filed (Rule 13.01).
Summons to Witness: A court document (Form 18A) that orders a person to come to court and give evidence. It is used when a witness may not come on their own.

T

Trial: The hearing where a judge listens to both sides, looks at the evidence and decides the case. Most Small Claims cases settle before trial.

W

Witness: A person who tells the court, under oath or affirmation, what they saw, heard or did. You can also be a witness in your own case.
Writ of seizure and sale: A court document that lets an enforcement office seize and sell a debtor's property to pay a judgment. In Small Claims Court, Forms 20C and 20D are used.